Preventing military criminal offenses (in the context of Articles 402, 407, 408 of the Criminal Code of Ukraine)

The article is devoted to the problems of prevention of military criminal offences in Ukraine in the context of the full-scale invasion of the Russian Federation into the territory of Ukraine. The author analyses the existing approaches to the definition of the concept of «military criminal offence» in the criminal law system of Ukraine and offers the author’s own definition. The author examines the peculiarities of military crimes and their difference from war crimes. Attention is focused on the negative impact of military criminal offences on the combat capability of the Armed Forces of Ukraine, discipline and order in the troops, as well as on the security of the State as a whole. The author highlights the problems of prevention of military criminal offences under martial law. The current legislation of Ukraine on military criminal offences is analysed. The author examines the ways of preventing military criminal offences, including national and individual measures, taking into account the specifics of wartime. National measures include strengthening national unity and patriotism, ensuring social protection of servicemen and their families, raising the level of legal awareness of the military and improving the military justice system. Individual measures include identification of high-risk servicemen, psychological work and individual educational work. It is emphasized that the ways to prevent the commission of military criminal offences in today’s conditions require adaptation to the realities of wartime. The author identifies the priority areas of prevention of military criminal offences in wartime, which are aimed at strengthening the combat capability of the Armed Forces of Ukraine and ensuring the stability of the State in the context of a full-scale invasion. The author emphasises the importance of an integrated approach, coordination of efforts of all responsible structures and support of society in combating military criminal offences.